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E-FILED 2014 MAY 13 1:28 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 13 1:28 AM SAC - CLERK OF DISTRICT COURT


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

AMIE LOUISE LIVELY ,
Defendant.



Case No: 02811 SRCR012546


INITIAL APPEARANCE






Charges:
01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - METHAMPHETAMINE 1ST OFF
02 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSE
Maximum 6 month jail sentence on the marijuana charge.

The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
2 Years Prison
And/Or $Fine of not to esceed $1,000 on the marijuana and not to exceed $6,250 on the
methamphetamine charge.

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E-FILED 2014 MAY 13 12:21 PM SAC - CLERK OF DISTRICT COURT
4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.

5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
The defendant must post a cash or surety bond in the amount of $3,000. Defendant must obtain a
substance abuse evaluation at defendant's expense and provide a copy to the clerk within 30 days. If
released you shall not use any alcohol or illegal drugs during the pendance of this matter.


6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on 05/23/2014 at 10:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.

Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
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E-FILED 2014 MAY 13 12:21 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-05-13 12:22:31
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E-FILED 2014 MAY 13 12:21 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR Sac
DISTRICT CGUiU Or IOWA
SAC COUNTY
FILED
MAY 13 PH 2: 01
COUNTY
STATE OF I OWA or
vs.
Plamtiff/Petitioner,
Defendant/Respondent
Clriminal Civil
NO. efncRDi^qn I Sftcgoi^sqt
FINANCIAL AFFI DAVI T/APPLI CATI ON
FOR APPOI NTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: H . * L - L t V ' C U / Birth Pate: 1
0
o>7 ' "
7
V
7~
Home Phone: - ' Cell Phone: j _ > *1 <-3 \ 1 E-mail:
Sheet Address: O a f n ! ) ^
4
* t!\ . S > & 5* /
Street/P.O. Box Apt# Chy State Zip
Pending chafgeV_
Do you have a job? br' NoJob Yes, Full Time Yes, Part Time (List Hours/week: )
Who do you work for? ,
How much money do you currently make before taxes or deductionsT_ _ _ _ _ _ per hi month year
How much money have you made in the last 12 months from any source, before taxes or deductions? ~~ ~"
How many family members are supported by or live with you? / . . .
If a spouse lives with you, how much money does your spouse make? / ^/ A"- pg-
n o u r
p
m 0
nt h year
List all other money you, or anyone else living in your household, has coming
i n:
torts .00 /Vrm4'k
List what you own including m$ney in banks, cars, trucks, other.yehicles, land, houses, buildings, cash, ox anything
else worth more than $100: f l / ^ T C C. JlDOS $Jh& f \ A <K f " L
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that tide statements I make in tibis application are true
and that I am unable to pay for an attorney to represent me. ~ ^
H
^
Date Signature , j S ^ ^ H s . A ^ i ^ J
/ Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

PLAINTIFF,

VS.

AMIE LOUISE LIVELY ,

DEFENDANT.




02811 SRCR012546

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL


The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:

The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.


Attorney Nola M. Jensen PO Box 86, Albert City, IA 50510 (712) 843-2255, a contract attorney, is
appointed.

The defendant shall contact their attorney within 48 hours.






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E-FILED 2014 MAY 13 7:15 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2014-05-13 19:16:32
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E-FILED 2014 MAY 13 7:15 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

PLAINTIFF,

VS.

AMIE LOUISE LIVELY ,

DEFENDANT.




02811 SRCR012546

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL


The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:

The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.


Attorney Mark J. Rasmussen (515) 386-3399, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

Nola Jensen has contacted the court and advised that she cannot currently accept additional
clients.




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E-FILED 2014 MAY 14 1:23 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
Type: ORDER APPOINTING
So Ordered
Electronically signed on 2014-05-14 13:23:41
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E-FILED 2014 MAY 14 1:23 PM SAC - CLERK OF DISTRICT COURT
CONTINENTAL HERITAGE
insurance* Company
Continental Heritage Insurance Company
6140 Parkland Blvd., Ste 321 ^
Cleveland, OH 44124
440.229.3420 FAX 440.229.3421
Mark W. Holtan
A 1 Bail Bonds
P O Box 12
Thor, IA 50591
Office 51 5-378-3286
Fax 515-576-3276
(PLACE BAIL AGENT'S ADDRESS STAMP HERE)
IN THE
S AC COUNTY DIS TRICT
COURT
S AC
_COUNTY, STATE OF
lowa
THE STATE OF .
V S.
lowa
Plaintiff
AMY LOUIS E LIVELY
}
C
No.
Defendant
That we,
Know All Men By These Presents:
AMY LOUIS E LIVELY
S RCR01 2546
c/><.
;.0
, as Principal, and Continental Heritage Insurance Company
1
^
as Surety (Identified by attached Power of Attorney No.
are held and firmly Itjpund unto tj
in the sum of
S AC COUNTY DIS TRICT
Court, C i t y , County , o r S t a t e
Dollars ( $_
for the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally. AMY LOUI SE LIVELY
The condition of this obligation is such that if the said , Principal, shall
appear at the next regular or special term ofthe
5/23/14 10:00 AM
S AC COUNTY DIS TRICT
Court to answer a charge of
Name
P OS S ES S I ON CONT. S UB X 2
and shall appear from day to day and term to term of said court and not depart the jurisdiction ofthe Court without leave then this
obligation shall be void, otherwise it shall remain in full force and effect.
o A , c , , u -
1 5
r , e
M A Y
- 2 0 1 4
Signed and Sealed this Day of _
Taken before and approved by me:
A. D.
Name
Title
/#?,' CORPORATE \ & \
1 Ci:
SEAL / x
Z :
Of no
THIS BOND IS V OID IF WRITTEN FOR AN AMOUNT
GREATER THAN THE POWER OF ATTORNEY
ATTACHED HERETO, IF MORE THAN ONE SUCH
POWER IS ATTACHED, OR IF WRITTEN AFTER THE
EXPIRATION DATE SPECIFIED ON THE ATTACHED
POWER OF ATTORNEY.
Mark W. Holtan, A 1 Bail Bonds
Agency Name
P O Box 12
Address
Thor, IA 50591
City, State, Zip Code
CH 013 (10 05)
E-FILED 2014 MAY 21 4:03 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAY 21 4:03 PM SAC - CLERK OF DISTRICT COURT
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Plaintiff,

vs

AMIE LOUISE LIVELY ,

Defendant.




Case No: 02811 SRCR012546

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND




The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 06/18/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.


Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
E-FILED 2014 JUN 03 8:06 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
So Ordered
Electronically signed on 2014-06-03 20:07:06 page 2 of 2
E-FILED 2014 JUN 03 8:06 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
CRIMINAL CAUSE NO. SRCR012546
STATE OF IOWA,
vs.
TRIAL INFORMATION
AMIE LOUISE LIVELY,
DOB: 10/27/1975
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Amie Louise Lively of
the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE,
FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 124.401(5)
committed as follows:
The said Defendant, Amie Louise Lively, on or about May 12, 2014, in the County of
Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled
substance, to-wit: Marijuana, A Schedule I Controlled Substance.
COUNT II
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Amie Louise Lively of
the crime of POSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLED
SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section
124.401(5) committed as follows:
The said Defendant, Amie Louise Lively, on or about May 12, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled
substance, to-wit: Methamphetamine, A Schedule II Controlled Substance.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
E-FILED 2014 JUN 03 8:07 PM SAC - CLERK OF DISTRICT COURT
THE STATE OF IOWA vs. AMIE LOUISE LIVELY
Criminal No. SRCR012546
COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense
COUNT II : Possession of Methamphetamine, a Schedule II Controlled Substance, First
Offense
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
BRENT WAYNE PEYTON, OCCUPATION UNKNOWN
MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT
AMANDA KILGORE, AMY JOHNSON, DARWIN CHAPMAN, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY- DCI CRIMINALISTICS LABORATORY
E-FILED 2014 JUN 03 8:07 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-06-03 20:07:06 page 3 of 3
E-FILED 2014 JUN 03 8:07 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

AMIE LOUISE LIVELY ,

Defendant.


02811 SRCR012546





ORDER RESCHEDULING ARRAIGNMENT

On today's date, Defendant was scheduled to appear for arraignment.
Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on
07/02/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless
a written arraignment and plea of not guilty document in a form substantially similar to
that set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with
the Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.


Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel

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E-FILED 2014 JUN 18 10:50 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
Type: ORDER FOR CONTINUANCE
So Ordered
Electronically signed on 2014-06-18 10:50:20
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E-FILED 2014 JUN 18 10:50 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 JUL 01 2:31 PM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.

AMIE LOUISE LIVELY ,

Defendant.


Case No: 02811 SRCR012546

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on July 1, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 08/20/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 08/26/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.


Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 JUL 02 11:00 AM SAC - CLERK OF DISTRICT COURT
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
E-FILED 2014 JUL 02 11:00 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-07-02 11:00:06
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E-FILED 2014 JUL 02 11:00 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
AMIE L. LIVELY,
Defendant.
Case No. SRCR012546
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On August 20, 2014, the parties conducted a Pretrial Conference as ordered or
in anticipation of the same. The State of Iowa appeared through Sac County
Attorney Ben Smith. The Defendant appeared through her attorney, Mark
Rasmussen. The parties, through the undersigned, represent the following to
the Court: A plea agreement has been reached the terms of which are as
follows:
Defendant has agreed to plead guilty to Court 2, and the State has agreed to
dismiss Count 1, without prejudice, and recommend that Defendant receive a
deferred judgment as to Count 2. The State has also agreed to dismiss the
simple misdemeanor companion citation SMCR012547 with costs to
Defendant. Defendant has further agreed to pay the minimal fine / penalty and
costs associated with this action, including those for reimbursement of court
appointed attorneys fees. Defendant intends to submit a written guilty plea by
September 10, 2014. Defendant intends to waive presence at sentencing.
Defendant intends to waive time between plea and sentencing.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2014 AUG 21 11:29 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Plaintiff,

vs.

AMIE LOUISE LIVELY ,

Defendant.



02811 SRCR012546


ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 09/03/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.


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E-FILED 2014 AUG 22 10:31 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
Type: OTHER ORDER
So Ordered
Electronically signed on 2014-08-22 10:31:26
2 of 2
E-FILED 2014 AUG 22 10:31 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
AMIE LOUISE LIVELY,
Defendant.
Case No. SRCR012546
MOTION TO CONTINUE PLEA
HEARING
COMES NOW the State of Iowa and states the following in support of its
Motion to Continue Plea Hearing: The undersigned is on active duty orders with
the Iowa Army National Guard from September 3, 2014, through September 12,
2014. Additionally, on September 2, 2014, Defendants attorney, Mark
Rasmussen, informed the undersigned that Defendant will submit the plea
paperwork by September 17, 2014.
WHEREFORE, for the reasons stated above, the State respectfully requests
that the Court reschedule the arraignment to September 17, 2014.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2014 SEP 02 4:48 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Plaintiff,

vs.

AMIE LOUISE LIVELY ,

Defendant.



02811 SRCR012546


ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 09/17/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.


1 of 2
E-FILED 2014 SEP 03 9:07 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
Type: OTHER ORDER
So Ordered
Electronically signed on 2014-09-03 09:07:21
2 of 2
E-FILED 2014 SEP 03 9:07 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 11 3:44 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 11 3:44 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 11 3:44 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 11 3:44 PM SAC - CLERK OF DISTRICT COURT

1

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

AMIE LOUISE LIVELY,

Defendant.

SRCR01!"# (Count II)



RECORD OF PLEA OF GUILTY AND
DEFERRED JUDGMENT ORDER



DATE: Se$te%&e' 11, 01"

CHARGE(S): P())e))i(n (f Met*a%$*eta%ine, a )e'i(+) %i)de%ean(', in
vi(lati(n (f I(,a C(de - 1"."01.!/

Defendant *a) filed a ,'itten 0+ilt1 $lea and a ,aive' (f Defendant2) 'i0*t t( &e
$'e)ent f(' )enten3in0. Defendant a)4) t*at t*e $lea t( t*e a&(ve 3*a'0e &e a33e$ted
and t*at )enten3e &e i%$()ed $+')+ant t( t*e $lea a''an0e%ent a0'eed +$(n &1 t*e
$a'tie) ,it*(+t t*e f('%alit1 (f t*e 'e3('d 'e5+i'ed &1 R+le) .6 and .10 (f t*e I(,a
R+le) (f C'i%inal P'(3ed+'e.
T*e C(+'t *e'e&1 inf('%) Defendant t*at Defendant2) $lea (f 0+ilt1 t( t*e
a&(ve7'efe'en3ed 3*a'0e i) a33e$ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:
1. Defendant i) 0'anted a defe''ed 8+d0%ent $+')+ant t( I(,a C(de
Se3ti(n) 901.! and 90:.;.
. Defendant )*all $a1 all (f t*e f(ll(,in0 finan3ial (&li0ati(n)<
a. P+')+ant t( I(,a C(de Se3ti(n 90:.1", a 3ivil $enalt1 (f =;1!.00>
&. a la, enf('3e%ent initiative )+'3*a'0e (f =1!.00 $+')+ant t( I(,a
C(de Se3ti(n 911.;>
3. t*e 3(+'t 3()t) (f t*e)e $'(3eedin0), in3l+din0 3(+'t7a$$(inted
att('ne1 fee) a) 3e'tified &1 M'. Ra)%+))en.

Defendant )*all $a1 all finan3ial (&li0ati(n) (,ed t( t*e Cle'4 (f C(+'t (f
t*i) 3(+nt1 (' (nline at ,,,.i(,a3(+'t).0(v. All )+3* finan3ial (&li0ati(n)
)*all &e $aid in f+ll (n (' &ef('e t*e ;0
t*
da1 f(ll(,in0 t*e filin0 (f t*i)
O'de'. If t*e finan3ial (&li0ati(n) a'e n(t $aid in f+ll ,it*in ;0 da1) (f
filin0 (f t*i) O'de', it %a1 &e 3(n)ide'ed a vi(lati(n (f t*i) O'de' and t*e
te'%) (f Defendant2) $'(&ati(n. In additi(n, $+')+ant t( I(,a C(de
Se3ti(n #0.610:, a fail+'e t( $a1 in f+ll ,it*in ;0 da1) %a1 'e)+lt in t*i)
3a)e &ein0 a))i0ned t( t*e Cent'ali?ed C(lle3ti(n Unit (f t*e I(,a
De$a't%ent (f Reven+e (' it) de)i0nee t( 3(lle3t t*e de&t) (,ed t( t*e
E-FILED 2014 SEP 12 9:19 AM SAC - CLERK OF DISTRICT COURT

2

Cle'4 (f C(+'t. In t*e event t*i) %atte' i) a))i0ned f(' 3(lle3ti(n,
additi(nal fee) %a1 &e i%$()ed $+')+ant t( la,.

;. Defendant i) $la3ed (n $'(&ati(n +nde' t*e f(ll(,in0 te'%) and
3(nditi(n)<

a. Defendant i) $la3ed (n inf('%al $'(&ati(n t( t*e Sa3 C(+nt1
P'(&ati(n Offi3e .@t*e P'(&ati(n S+$e'vi)('A/ f(' a $e'i(d (f (ne
.1/ 1ea' f'(% t*e date (f filin0 (f t*i) O'de'>

&. Defendant )*all f(ll(, all te'%) and 3(nditi(n) i%$()ed &1 t*e
P'(&ati(n S+$e'vi)(' t*at t*e P'(&ati(n S+$e'vi)(' dee%)
a$$'($'iate. In additi(n t( an1 te'%) and 3(nditi(n) i%$()ed &1
t*e P'(&ati(n S+$e'vi)(', t*e C(+'t )$e3ifi3all1 i%$()e) all (f t*e
f(ll(,in0 additi(nal te'%) and 3(nditi(n)<

.1/ Defendant )*all %a4e in7$e')(n 3(nta3t ,it* t*e P'(&ati(n
S+$e'vi)(' ,it*in )even .:/ da1) (f t*e filin0 (f t*i) O'de' t(
)i0n +$ f(' $'(&ati(n and )i0n an1 $'(&ati(n )+$e'vi)i(n
a0'ee%ent 'e5+e)ted &1 t*e P'(&ati(n S+$e'vi)('.
Telepone !ont"!t #$ not $u%%#!#ent>

./ Defendant )*all (&e1 all la,)>

.;/ Defendant )*all &e e%$l(1ed f+ll7ti%e, attendin0 )3*((l f+ll7
ti%e, (' en0a0ed in a f+ll7ti%e 3(%&inati(n (f e%$l(1%ent
and )3*((l attendan3e d+'in0 t*e $e'i(d (f $'(&ati(n>

."/ Defendant i) $'(*i&ited f'(% 3(n)+%in0 (' $())e))in0
al3(*(l (' an1 ille0al d'+0 (' an1 d'+0 f(' ,*i3* Defendant
d(e) n(t *ave a valid $'e)3'i$ti(n. In additi(n, Defendant i)
$'(*i&ited f'(% &ein0 at an1 l(3ati(n ,*e'e al3(*(l (' ille0al
d'+0) a'e $'e)ent, 'e0a'dle)) (f ,*et*e' Defendant i)
a3t+all1 in $())e))i(n (f (' 3(n)+%in0 )+3* al3(*(l (' ille0al
d'+0). T*i) $'(*i&iti(n d(e) n(t $'(*i&it Defendant f'(%
&ein0 at a $+&li3 l(3ati(n .e.0., 'e)ta+'ant/ ,*e'e al3(*(l i)
)e'ved, )( l(n0 a) t*e $'i%a'1 $+'$()e (f t*e e)ta&li)*%ent
i) n(t t*e )e'vin0 (f al3(*(l and Defendant i) n(t 3(n)+%in0
(' in $())e))i(n (f al3(*(l at t*at l(3ati(n>

.!/ If Defendant *a) n(t al'ead1 d(ne )(, Defendant )*all
+nde'0( a )+&)tan3e a&+)e eval+ati(n and f(ll(, an1
'e3(%%endati(n) f(' t'eat%ent (' 3(+n)elin0 %ade a) a
'e)+lt (f t*e eval+ati(n, all at DefendantB) (,n eC$en)e. If
E-FILED 2014 SEP 12 9:19 AM SAC - CLERK OF DISTRICT COURT

3

Defendant *a) n(t al'ead1 d(ne )(, in ('de' t( $'(vide $'((f
t*at Defendant *a) +nde'0(ne t*e 'e5+i'ed eval+ati(n,
Defendant )*all $'(3+'e f'(% t*e )+&)tan3e a&+)e eval+at('
a lette' (' ,'itten 'e$('t ,*i3* )*all &e filed ,it* t*e Cle'4
(f t*i) C(+'t n( late' t*an 1 da1) f'(% t*e date t*i) O'de'
i) filed> and

.#/ Defendant )*all 3(%$l1 ,it* all te'%) (f t*i) O'de',
in3l+din0 $a1in0 all finan3ial (&li0ati(n) and 3(%$letin0 all
'e5+i'ed ta)4) in a ti%el1 %anne'.

". T*e C(+'t 0'ant) t*i) defe''ed 8+d0%ent &e3a+)e it $'(vide) f(' t*e
'e*a&ilitati(n (f Defendant and f(' t*e $'(te3ti(n (f t*e 3(%%+nit1. T*e C(+'t *a)
3(n)ide'ed t*e 'e3(%%endati(n (f t*e $a'tie) ,it* 'e)$e3t t( di)$()iti(n. T*e te'%) (f
t*i) O'de' a'e a$$'($'iate in li0*t (f t*e 'elevant fa3t), in3l+din0 DefendantB) 3'i%inal
'e3('d, (' la34 t*e'e(f, andD(' t*e 3i'3+%)tan3e) (f t*e 3a)e.
!. D+e t( t*e fa3t t*at 8+d0%ent *a) &een defe''ed, a$$eal 'i0*t) d( n(t
a$$l1.
#. Defendant i) advi)ed t*at, in t*e event Defendant d(e) n(t f+lfill t*e
3(nditi(n) (f $'(&ati(n, in additi(n t( $(tential 3(nte%$t (f 3(+'t )an3ti(n), t*e C(+'t
%a1 'ev(4e Defendant2) $'(&ati(n, 'ev(4e Defendant2) defe''ed 8+d0%ent, and i%$()e
an1 )enten3e a+t*('i?ed &1 la,.
:. An1 3a)* &ail $()ted &1 Defendant (' (n Defendant2) &e*alf &1 a t*i'd
$a't1 t*at *a) a34n(,led0ed (' a0'eed t*at t*e %(ne1 $()ted 3an &e a$$lied t(,a'd
Defendant2) finan3ial (&li0ati(n) )*all &e a$$lied t(,a'd Defendant2) finan3ial
(&li0ati(n). All 3a)* &ail 'e%ainin0, if an1, afte' $a1%ent (f Defendant2) finan3ial
(&li0ati(n) and all 3a)* &ail $()ted &1 a t*i'd $a't1 t*at *a) n(t a34n(,led0ed ('
a0'eed t*at t*e %(ne1 $()ted 3an &e a$$lied t(,a'd Defendant2) finan3ial (&li0ati(n)
i) *e'e&1 eC(ne'ated and )*all &e 'et+'ned t( t*e $e')(n $()tin0 t*e 3a)* &ail. All n(n7
3a)* &ail &(nd) $()ted, if an1, a'e *e'e&1 eC(ne'ated.
6. IT IS FURTEER ORDERED t*at C(+nt I (f t*e T'ial Inf('%ati(n a) ,ell a)
Ca)e F(. SMCR01!": a'e di)%i))ed +$(n %(ti(n (f t*e 3(+nt1 att('ne1 and $+')+ant
t( $lea a0'ee%ent. C()t) a'e taCed t( t*e Defendant.



Cle&' S"ll Fu&n#$ Cop#e$ To:
C(+nt1 Att('ne1
Defen)e C(+n)el
P'(&ati(n S+$e'vi)('
E-FILED 2014 SEP 12 9:19 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
SRCR012546 STATE VS AMIE LOUISE LIVELY
So Ordered
Electronically signed on 2014-09-12 09:19:04 page 4 of 4
E-FILED 2014 SEP 12 9:19 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 12 12:49 PM SAC - CLERK OF DISTRICT COURT